Section 10 BNSS: Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 10 BNSS at a Glance

Section 10 BNSS deals with chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. It replaced Section 12 CrPC on 1 July 2024.

Was CrPC

Section 12 →

Section 10 BNSS Bare Act Text

(1) In every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.

(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Sanhita or under any other law for the time being in force as the High Court may direct.

(3) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.

(4) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.

Source: Section 10, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 10 BNSS in Simple Words

Section 10 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the Chief Judicial Magistrate, Additional Chief Judicial Magistrates and Sub-divisional Judicial Magistrates. In every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.

The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, with such powers of a Chief Judicial Magistrate as it directs. The High Court may also designate a Judicial Magistrate of the first class in a sub-division as the Sub-divisional Judicial Magistrate, who has the powers of supervision and control over the work of the Judicial Magistrates there that the High Court specifies, subject to the general control of the Chief Judicial Magistrate.

When Section 10 BNSS Applies

  • In every district, the High Court shall appoint a first class Judicial Magistrate to serve as the Chief Judicial Magistrate under Section 10(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • The High Court may appoint any first class Judicial Magistrate as an Additional Chief Judicial Magistrate, who shall exercise all or any of the powers of a Chief Judicial Magistrate under the Sanhita or any other law in force as directed by the High Court under Section 10(2) BNSS.
  • In any sub-division, the High Court may designate any first class Judicial Magistrate as the Sub-divisional Judicial Magistrate and may relieve that Magistrate of the responsibilities under Section 10 BNSS as occasion requires.
  • Every Sub-divisional Judicial Magistrate shall exercise such supervisory and control powers over the work of the Judicial Magistrates in the sub-division, other than Additional Chief Judicial Magistrates, as the High Court specifies by general or special order, subject to the general control of the Chief Judicial Magistrate under Section 10(4) BNSS.

Example of Section 10 BNSS

In a district, the High Court appoints Ananya, a Judicial Magistrate of the first class, as the Chief Judicial Magistrate under Section 10(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under Section 10(2) BNSS, the High Court appoints Karthik, also a Judicial Magistrate of the first class, as an Additional Chief Judicial Magistrate and directs which powers of a Chief Judicial Magistrate Karthik shall have. In a sub-division, the High Court designates Priya as the Sub-divisional Judicial Magistrate under Section 10(3) BNSS and specifies the powers of supervision and control by general order under Section 10(4) BNSS. Subject to the general control of Ananya, Priya supervises the work of the Judicial Magistrates in the sub-division, but not the work of Karthik.

When Section 10 BNSS Does Not Apply

  • A Magistrate who is not a Judicial Magistrate of the first class cannot be appointed as Chief Judicial Magistrate or Additional Chief Judicial Magistrate, or designated as Sub-divisional Judicial Magistrate, under Section 10 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • The powers of supervision and control of a Sub-divisional Judicial Magistrate over the work of Judicial Magistrates in a sub-division under Section 10(4) BNSS do not apply to Additional Chief Judicial Magistrates.

Section 10 BNSS in the CrPC (Previous Law)

Section 10 BNSS replaced Section 12 CrPC from 1 July 2024.

Section 12 of the Code of Criminal Procedure, 1973 became Section 10 of the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Section 10(1) BNSS reads in every district, without the words not being a metropolitan area in Section 12(1) CrPC, so the High Court shall appoint a Chief Judicial Magistrate in every district. Section 10(2) BNSS refers to the Sanhita in place of the Code, and Section 12(3)(a) CrPC and Section 12(3)(b) CrPC appear as Section 10(3) BNSS and Section 10(4) BNSS with the same text.

Each sub-section below names its own source.

FAQs on Section 10 BNSS

Who is eligible to be appointed as Chief Judicial Magistrate or Additional Chief Judicial Magistrate under Section 10 BNSS?▼

Only a Judicial Magistrate of the first class can be appointed to these roles under Section 10 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Under Section 10(1) BNSS, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate in every district. Under Section 10(2) BNSS, the High Court may also appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate.

What powers does an Additional Chief Judicial Magistrate have under Section 10(2) BNSS?▼

An Additional Chief Judicial Magistrate appointed by the High Court under Section 10(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall have all or any of the powers of a Chief Judicial Magistrate under the Sanhita or under any other law for the time being in force. The specific powers exercised by the Additional Chief Judicial Magistrate are those that the High Court directs.

How are Sub-divisional Judicial Magistrates designated and supervised under Section 10(3) BNSS and Section 10(4) BNSS?▼

Under Section 10(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the High Court may designate any Judicial Magistrate of the first class in a sub-division as the Sub-divisional Judicial Magistrate, and may relieve that Magistrate of the responsibilities in Section 10 BNSS as occasion requires. Under Section 10(4) BNSS, subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall have such powers of supervision and control over the work of the Judicial Magistrates in the sub-division, other than Additional Chief Judicial Magistrates, as the High Court may specify by general or special order.

What changed from Section 12 CrPC to Section 10 BNSS from 1 July 2024?▼

From 1 July 2024, Section 10 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 12 of the Code of Criminal Procedure, 1973. Section 10(1) BNSS reads in every district, without the words not being a metropolitan area that appeared in Section 12(1) CrPC. Section 10(2) BNSS refers to the Sanhita in place of the Code, and the clauses of Section 12(3) CrPC appear as Section 10(3) BNSS and Section 10(4) BNSS with the same text.

Section 10 BNSS: Sub-sections Explained

Section 10(1) BNSS: Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc

▶

Bare Act Text

(1) In every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.

Previous Law

CrPC 12 → Section 10(1) BNSS

Section 10(2) BNSS: Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc

▶

Bare Act Text

(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Sanhita or under any other law for the time being in force as the High Court may direct.

Previous Law

CrPC 12(2) → Section 10(2) BNSS

Section 10(3) BNSS: Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc

▶

Bare Act Text

(3) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.

Section 10(4) BNSS: Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc

▶

Bare Act Text

(4) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.

Previous Law

CrPC 12(3) → Section 10(4) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·